Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Protection of Wages Convention, 1949 (No. 95) - Aruba

The Committee notes the Government’s report and the information provided in reply to its previous comments.

Article 4 of the Convention. The Committee notes that according to the information supplied by the Government, the State Decree on the general measures for the application of Article 7, paragraph 3, of the Minimum Wage Ordinance (SPG 1991, No. GT 20) has fixed at AWG 1.50 per day the non-monetary wage for hotels, restaurants and related businesses. The Committee also notes the Government’s statement that during the reporting period no use was made of Article 7, paragraphs 3 and 4, of the Minimum Wage Ordinance and accordingly the Government has not been requested to determine any amounts for payment in kind. The Committee understands that allowances in kind, such as meals or lodging, are not deducted from wages and that their value is calculated only for taxation purposes or in the holidays when these allowances have to be paid out in money. The Committee would appreciate receiving additional clarifications on the system of allowances in kind, including information as to how often the non-monetary wage for the hotel and catering sector is revised as well as a copy of the most recent State Decree adopted for this purpose. Moreover, the Committee requests the Government to indicate the measures it intends to take to modify section 1614t of the Civil Code which permits the payment of wages exclusively in board, lodging or other necessities of life.

Article 8. The Committee notes the Government’s explanations as to the conditions under which deductions from wages, including deductions in the form of caution money, may be made under sections 1614r and 1614s of the Civil Code. The Committee would be grateful if the Government could specify in its next report the manner in which workers are informed of the conditions under which and the extent to which such deductions may be made.

Article 10, paragraph 2. Further to its previous comments concerning the absence of an overall limit to protect wages from excessive attachment, the Committee notes the Government’s indication that the Labour Department will be requested to prepare a proposal on the necessary legislative amendments in order to comply with the requirements of the Convention in this respect. The Committee trusts that the Government will soon be able to report concrete progress in bringing the relevant provisions of the Civil Code into line with this Article of the Convention and asks the Government to transmit in due course a copy of the official text adopted to that end.

Articles 12(2), 13(1) and 14. The Committee has been drawing attention for many years to the fact that no effect is given to the provisions of the Convention regarding the final settlement of wages upon the termination of an employment contract, the payment of wages on working days only and the duty to inform workers before they enter employment or when any changes occur to the wage conditions under which they are employed. As regards the obligation to provide information on wages, the Government states that unionized workers have the advantage of collective assistance in receiving and understanding relevant information while the Labour Department is presently limited to giving information upon request. While noting the Government’s indication that as soon as adequate financial resources are made available to the Labour Department a more proactive approach towards informing employers and workers of their rights and obligations could be adopted, the Committee expresses the firm hope that appropriate measures will be taken without further delay to give specific legislative expression to the standards set out in these Articles of the Convention and reminds the Government of the availability of ILO technical assistance in this regard.

Article 16 of the Convention and Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars on the effect given to the Convention in practice.